Legislature(2007 - 2008)

04/18/2007 07:33 AM House W&M


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07:33:48 AM Start
07:34:59 AM HJR1
08:54:41 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 1-CONST. AM: GAS REVENUE ENDOWMENT FUND                                                                                   
                                                                                                                                
[Contains  some  discussion  of HOUSE  JOINT  RESOLUTION  NO.  5,                                                               
Proposing amendments to  the Constitution of the  State of Alaska                                                               
limiting  appropriations from  certain mineral  revenue, relating                                                               
to the balanced budget account,  and relating to an appropriation                                                               
limit.]                                                                                                                         
                                                                                                                                
CHAIR HAWKER announced  that the only order of  business would be                                                               
HOUSE  JOINT  RESOLUTION  NO.  1,  Proposing  amendments  to  the                                                               
Constitution of the State of  Alaska creating and relating to the                                                               
gas revenue  endowment fund,  relating to  deposits to  the fund,                                                               
limiting  appropriations  from  the  fund based  on  an  averaged                                                               
percent of  the fund  market value, relating  to deposits  to the                                                               
permanent fund,  and relating to  deposits to the  budget reserve                                                               
fund.                                                                                                                           
                                                                                                                                
CHAIR HAWKER,  sponsor of HJR  1 suggested that  a constitutional                                                               
approach may  be most appropriate  for long-term  budget planning                                                               
and  fiscal policy.    This resolution  proposes  that the  state                                                               
place 100  percent of  its revenues from  gas production  into an                                                               
account  very like  the permanent  fund, called  the Gas  Revenue                                                               
Endowment Fund  ("GREF").  The  fund's earnings would  be managed                                                               
using a  percent of market  value (POMV) management  approach and                                                               
could  be used  for any  public  purpose, except  for payment  of                                                               
individual  dividends.   This  fund is  intended  to support  the                                                               
state and  to capture  the benefits of  severing the  state's gas                                                               
resources.  He  introduced a spreadsheet based  on the Department                                                               
of Revenue's  Fall 2003  Revenue Source Book.   This  chart shows                                                               
the  possible revenues  available for  the GREF.   He  noted that                                                               
this document was  prepared without reference to  a potential gas                                                               
pipeline and explained that although  the actual numbers would be                                                               
different  if the  chart was  prepared today,  the mechanism  and                                                               
predictions  are  still  relevant.     The  chart  estimates  the                                                               
aggregate proceeds  from gas production  from 2007 to  2033 based                                                               
on  Chicago gas  prices  of $4,  $5, and  $6  per mmBtu  [British                                                               
thermal unit].   He explained by  the year 2030, the  annual five                                                               
percent draw  down under POMV  would be  the same as  the amounts                                                               
going into  the fund  due to the  effect of  compounded earnings,                                                               
mitigated  by   a  five  percent   draw.    He   explained  that,                                                               
eventually, the  five percent annual  draw would be  greater than                                                               
the amount  of gas  revenues received  by the  state.   He opined                                                               
that if the state did save  and invest its gas revenues, it would                                                               
provide the  state a  true long-term  endowment fund  whereby our                                                               
natural resources  will have been converted  into an ever-growing                                                               
monetary resource.                                                                                                              
                                                                                                                                
7:45:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked  whether   HJR  1  was  possibly  in                                                               
conflict with  HJR 5 since  HJR 5  proposes to place  all mineral                                                               
revenues  in  a  restricted  savings account.    He  relayed  his                                                               
understanding that  HJR 5 proposes  to set up a  spending account                                                               
based  on  the  five  year  average  of  mineral  revenues.    He                                                               
expressed  concern  that  the  only   revenues  available  to  be                                                               
considered as  part of the  five-year average would be  the "five                                                               
percent POMV."   Therefore, if the  proposals in HJR 1  and HJR 5                                                               
were both in  place, all mineral revenues, minus  those from gas,                                                               
would go into the Balanced Budget  Account proposed in HJR 5.  He                                                               
suggested that  only five  percent of the  gas revenues  would be                                                               
available to  determine the five  year average if  both proposals                                                               
were  adopted.    He  suggested   that  the  committee  carefully                                                               
consider these two proposals to  determine whether they should be                                                               
combined in some way, or considered separately.                                                                                 
                                                                                                                                
7:47:50 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER noted  that HJR 5 was designed  to mitigate spending                                                               
in a  time of  high oil prices.   He opined  that approach  has a                                                               
great deal of merit, and that  the public and some members of the                                                               
legislature desire some type of  spending limits.  He opined that                                                               
when  a non-renewable  resource is  severed, it  is gone  forever                                                               
absent efforts to preserve its monetary benefits for future use.                                                                
                                                                                                                                
REPRESENTATIVE ROSES  said that HJR  5 proposes a  forced savings                                                               
account  with significant  spending restrictions.   He  expressed                                                               
his approval  that HJR 1 does  not propose to place  funds in the                                                               
Constitutional Budget  Reserve (CBRF) or into  the permanent fund                                                               
dividend account.   As  oil prices continue  to decline,  at what                                                               
point does the  declination of oil revenues equal  or exceed five                                                               
percent of  the market value, he  queried.  At that  point, money                                                               
would still  be coming in,  but at  a lesser rate,  he predicted.                                                               
If  the decrease  in oil  revenues  exceeds the  increase in  gas                                                               
revenues, the  state would have  even less revenue  available, he                                                               
suggested.   He noted that it  will turn around "when  it gets to                                                               
the huge numbers,"  but up to that point there  is a fairly level                                                               
funding stream.                                                                                                                 
                                                                                                                                
CHAIR HAWKER suggested  that the state currently does  not have a                                                               
plan to get it through the  "bridge period" between now and a gas                                                               
pipeline.   He  explained that  HJR 1  is intended  to provide  a                                                               
mechanism to use revenues received  from "natural gas produced on                                                               
the  North   Slope,"  to  establish   an  endowment  fund.     He                                                               
volunteered  that there  will  be  some gas  liquids  in any  gas                                                               
stream and said he has an  amendment that will propose to exclude                                                               
revenues  from gas  liquids that  are intended  for pump  station                                                               
utility use,  or are  incident to oil  transported in  the Trans-                                                               
Alaska Pipeline  System (TAPS).   The aforementioned  liquids are                                                               
"de minims,"  however, the GREF  proposed by HJR 1  would include                                                               
gas liquids that may be part of the planned gas pipeline.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  clarified that the GREF  would include gas                                                               
liquids  delivered   via  gas  pipeline,  but   not  gas  liquids                                                               
delivered  through  TAPS.    He  asked  about  the  inclusion  of                                                               
production from Point Thompson.                                                                                                 
                                                                                                                                
CHAIR HAWKER  indicated that Point  Thompson production  would be                                                               
included  as  one  of  the carbon  molecules  classified  as  C-1                                                               
through 8.                                                                                                                      
                                                                                                                                
7:58:31 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER explained  that HJR 1 is drafted so  as to intercept                                                               
all revenues related to gas for  placement in the GREF instead of                                                               
into  the permanent  fund.   He explained  that HJR  1 creates  a                                                               
stand alone account that does not affect the CBRF at all.                                                                       
                                                                                                                                
REPRESENTATIVE CISSNA  opined that long term  investments tend to                                                               
offer more rewards, and asked if  the mechanism in HJR 1 supports                                                               
stable investment returns.                                                                                                      
                                                                                                                                
8:02:26 AM                                                                                                                    
                                                                                                                                
CHAIR HAWKER  agreed that capital  markets support a  higher rate                                                               
of  return  for  long  term   investments  than  for  short  term                                                               
investments.   He noted that  the permanent fund manages  for the                                                               
long term, but  must also take into account the  need to build up                                                               
cash to pay dividends and yearly management expenses.                                                                           
                                                                                                                                
REPRESENTATIVE WILSON asked about  the operating expenses for the                                                               
GREF.                                                                                                                           
                                                                                                                                
CHAIR HAWKER  reminded the committee  the state will  not receive                                                               
any gas pipeline revenues for quite  some time, if ever, but that                                                               
there  still  needs to  be  a  way  to  meet the  state's  future                                                               
financial needs.   Under the approach of HJR 1,  there would be a                                                               
slow  ramp up  of  the account  as it  would  appropriate only  5                                                               
percent of its revenues annually.   Under this approach, it would                                                               
take  almost 18  years  before the  outgoing  five percent  would                                                               
exceed the amount going into the fund, he said.                                                                                 
                                                                                                                                
REPRESENTATIVE  WILSON  asked  whether  there needs  to  be  some                                                               
method to bridge the revenue gap between now and a gas pipeline.                                                                
                                                                                                                                
CHAIR HAWKER  agreed that  figuring out how  to fund  the state's                                                               
needs  in  times of  low  revenues  will  be difficult,  and  may                                                               
eventually require use of the permanent fund earnings.                                                                          
                                                                                                                                
8:08:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  set  forth  that  setting  up  a  new                                                               
account may  not be  supported by the  public due  to perceptions                                                               
that "it  looks like a grab"  of future funds.   She offered that                                                               
the permanent fund  should be set up to use  the POMV approach as                                                               
that is good business practice  and will provide "the bridge" for                                                               
future revenue deficits.  She noted  that HJR 5 offers a spending                                                               
cap,  which she  opined  would  find more  public  support.   She                                                               
suggested  re-visiting   the  POMV   approach  to   managing  the                                                               
permanent fund  as a way to  accomplish the goal of  amending the                                                               
constitution  to  afford a  long-term  revenue  solution for  the                                                               
state.                                                                                                                          
                                                                                                                                
CHAIR  HAWKER asked  for  clarification as  to  how placement  of                                                               
funds into a state account can "be a grab."                                                                                     
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH responded  that  the  public may  feel                                                               
like  the state  is trying  to  take all  the resource  revenues,                                                               
instead  of  sharing it  as  it  does  under the  permanent  fund                                                               
structure.   She said that  the public receives a  direct benefit                                                               
from growth  of the permanent fund.   She opined that  the public                                                               
may see it "as a limiting  structure" on the growth of the annual                                                               
permanent fund  dividend.  She  acknowledged that the  state does                                                               
face  a  fiscal crisis,  and  must  either manage  its  resources                                                               
differently or look to additional  revenue sources.  However, she                                                               
opined that  the public  may not  "believe we  are at  that point                                                               
yet," and  therefore may  not support a  separate fund  that they                                                               
perceive will reduce growth of the permanent fund dividend.                                                                     
                                                                                                                                
CHAIR  HAWKER advocated  that the  public in  general has  a good                                                               
grasp of fiscal issues.                                                                                                         
                                                                                                                                
8:15:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  reminded  the committee  that  future  oil                                                               
production is estimated to decline  anywhere from 9 to 12 percent                                                               
annually.    He  expressed  concern  about  retaining  some  fund                                                               
liquidity  so as  to  have adequate  revenues  available to  fund                                                               
state needs  in light  of a possible  significant decline  in oil                                                               
revenues.                                                                                                                       
                                                                                                                                
8:18:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  opined  that  HJR 5  does  not  impose  a                                                               
spending cap  but a  method to  level revenue.   He  reminded the                                                               
committee that the House previously  voted two-thirds in favor of                                                               
a POMV approach  for management of the permanent  fund and opined                                                               
that there was  no adverse political fallout  from that decision.                                                               
He predicted that the permanent fund  will have to go to POMV for                                                               
sustainability and it may be more logical to have one fund.                                                                     
                                                                                                                                
8:21:58 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER reminded  the committee  that  the legislature  can                                                               
spend  100 percent  of  the permanent  fund  earnings at  present                                                               
because those  funds are  unrestricted.   He emphasized  that the                                                               
point of endowment accounting is  to not over-spend earnings, but                                                               
to make certain  they are re-capitalized at  a sustainable growth                                                               
rate.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH pointed  out that  she recognizes  the                                                               
need  for  a discussion  regarding  the  permanent fund  and  the                                                               
possibility  of  adjustments as  to  how  the permanent  fund  is                                                               
managed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  WILSON  explained   her  education  efforts  with                                                               
regard  to the  POMV approach  and opined  that the  citizens are                                                               
willing to take steps to  solve fiscal problems once they realize                                                               
the extent of the fiscal issues facing the state.                                                                               
                                                                                                                                
REPRESENTATIVE ROSES  asked for more  information as to  how this                                                               
approach,  which would  divert revenue  into the  GREF, will  not                                                               
also result in spending cuts.                                                                                                   
                                                                                                                                
CHAIR  HAWKER characterized  the approach  as offering  a "supply                                                               
side spending limit."                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON  offered his  belief that this  approach is                                                               
to  establish  that  a  particular   source  of  revenue  is  not                                                               
available for  spending, which  he opined  is not  the same  as a                                                               
spending cap.   He offered that it does not  restrict the ability                                                               
of  the  state  to  increase revenues  through  taxes  or  bonds,                                                               
therefore it is not a spending cap.                                                                                             
                                                                                                                                
REPRESENTATIVE  ROSES  defined it  as  a  spending cap  based  on                                                               
current method of revenue but not  a spending cap if the state is                                                               
willing to consider new revenue sources.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  reminded the committee of  past efforts                                                               
to develop solutions  to the fiscal issues facing the  state.  He                                                               
expressed  support for  a meaningful  integrated approach  to the                                                               
issue of  long-range planning as  it is the most  important issue                                                               
facing the state.                                                                                                               
                                                                                                                                
8:34:40 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER noted  that there  are  significant differences  of                                                               
opinion  on the  specific approaches  put forth  to solve  fiscal                                                               
issues,  which  can  make  it  difficult to  agree  on  only  one                                                               
approach.  He  reminded the committee that  resolutions cannot be                                                               
vetoed by  the governor  and emphasized that  efforts need  to be                                                               
made  to  "agree   where  we  can  agree"  so   as  to  establish                                                               
philosophical objectives.                                                                                                       
                                                                                                                                
8:37:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  volunteered that the  approach proposed                                                               
in  HJR 1  could help  to  alleviate a  number of  problems.   He                                                               
suggested  that  there  are  many  approaches  to  consider  when                                                               
designing a long-term approach to fiscal issues.                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON mentioned  that  further consideration  of                                                               
HJR 1  could be in conjunction  with the fiscal plan  proposed by                                                               
HB 125.                                                                                                                         
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  referred to the  successful investment                                                               
approach  of  Rasmuson  Foundation  and  the  Foraker  Group  and                                                               
suggested that  these groups could  provide some guidance  to the                                                               
state.                                                                                                                          
                                                                                                                                
REPRESENTATIVE WILSON pointed out that  there can be a great deal                                                               
of emotion surrounding any discussion of the permanent fund.                                                                    
                                                                                                                                
8:48:24 AM                                                                                                                    
                                                                                                                                
CHAIR  HAWKER suggested  that public  interest  in fiscal  issues                                                               
varies depending on the extent  of the state's financial problems                                                               
and opined that these discussions  have matured over the years to                                                               
allow for a fuller discussion of options.                                                                                       
                                                                                                                                
REPRESENTATIVE  ROSES  reminded  the   committee  that  there  is                                                               
significant   experience  and   success  in   account  management                                                               
strategies by economists in DOR and the permanent fund.                                                                         
                                                                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  referred to  past decisions  in retirement                                                               
issues  which resulted  in the  under funding  of the  retirement                                                               
plans.   He addressed the  need to directly address  any proposed                                                               
spending cap  so that money  is not  restricted in one  area that                                                               
has a negative long-term effect on another area.                                                                                
                                                                                                                                
[HJR 1 was held in committee.]                                                                                                  

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